The relationship between commercial arbitration and European human rights law raises a number of conceptually difficult issues. How can the State be regarded as responsible at all for conduct of private arbitral proceedings? And how does the concept of an independent and impartial tribunal apply to a decision-making body appointed by the parties themselves?
The European Court of Human Rights (ECtHR) has gradually assembled a jurisprudence on these questions in the context of the procedural guarantees of Article 6(1) of the European Convention on Human Rights. Its latest contribution to the field is its judgment of 20 May 2021 in BEG SpA v Italy.
Authored by Gordon Nardell QC.